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(영문) 서울고등법원 2014.04.25 2014노198
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six years.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The Prosecutor’s sentence of imprisonment (two years and six months of imprisonment) is too unhued and unreasonable.

B. The sentence of the lower court is too unreasonable.

2. The judgment of the defendant shows an attitude that the defendant made a confession of all of the crimes of this case and reflects his mistake. The defendant paid approximately KRW 135 million to the victim C of the crime of this case as interest on gift and loan, the defendant's mother and Do governor after the death of D, expressed his intention not to punish each of the crimes of this case at the court below, and there are family members in need of support for the defendant, etc. favorable to the defendant.

① However, the crime of fraud of this case was committed by deceiving money exceeding KRW 1.455 million on 24 times in total for two years and eight months, including business funds and fund for the collection of new marriage, etc. by deceiving money from the victim who believed that the defendant would be married with the victim. The crime of fraud of this case was committed repeatedly over a long-term period of time. It is very poor in the nature of the crime in that the act of defraudation was committed repeatedly. The amount of damage is significant, the defendant's act of defraudation was committed repeatedly, the victim's b.25 billion won in full form in the process of defraudation, or the victim's b.25 billion won in the name of the defendant who suspected of the defendant's self-reliance was forged, and sending the screen image by spreading the bank balance Internet closure in the name of the defendant under the name of the victim and sending it to the victim on the screen screen. The defendant did not appear to have made any effort to recover the damage to the victim, and the defendant did not appear to have been able to have recovered from the damage.

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